Baker v. Russell
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. Robert Dougherty. This was a motion by William M. Russell, against Richard P. Baker, as the sheriff of said county, for a failure to make the money on an execution, when by due diligence it might have been made.
Read the full summary
Appeal from the Circuit Court of Russell. Tried before the Hon. Robert Dougherty. This was a motion by William M. Russell, against Richard P. Baker, as the sheriff of said county, for a failure to make the money on an execution, when by due diligence it might have been made. The execution was for one hundred and ten 20-100 dollars, besides costs; was founded on a judgment, which said Russell had recovered in said circuit court, on the 28th March, 1860, against one William G. Woods; was issued on the 11th April, 1860, and went into the hands of said Baker, who was then the sheriff of the…
1Opinion of the CourtA. J. Walker, C. J.
The bill of exceptions informs us, that “ after one of the counsel for the plaintiff in the motion had closed his argument, the defendant’s counsel was proceeding to argue the case, when he was interrupted by the court, and informed that he should charge the jury, if they believed the evidence, that the land was subject to" levy and sale under the plaintiff’s execution, and that the sheriff was liable in not making the levy, and in fact did *282so; to which charge the defendant excepted.” The majority of the court think, that the extract from the bill of exceptions above set out affirmatively…
2Cases cited3 opinions
- Long v. McDougald's Adm'rSupreme Court of Alabama · 1853
- Coleman v. HairSupreme Court of Alabama · 1853
- Broughton's Adm'r v. BradleySupreme Court of Alabama · 1860
3Cited by2 opinions
- Postal Telegraph Co. v. BrantleySupreme Court of Alabama · 1894
- Gaynor v. Louisville & Nashville RailroadSupreme Court of Alabama · 1902